IN THE CASE OF:
BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090007351
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his Purple Heart and all other awards to which he is entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he has orders for his Purple Heart.
3. The applicant provides General Orders Number 26, dated 7 May 1968, which awarded the applicant the Purple Heart.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show that he was inducted into the Army of the United States on 28 October 1966, was awarded the military occupational specialty of field artilleryman, and was promoted to pay grade E-4.
3. He served in Vietnam from 16 August 1967 to 2 March 1968. While in Vietnam he was assigned to A Battery, 5th Battalion, 16th Artillery, from 16 August 1967 to 4 October 1967 and to C Battery, 6th Battalion, 14th Artillery, from 5 October 1967 to 4 March 1968.
4. The applicant was honorably released from active duty on 28 October 1968. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), and an overseas service bar.
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 41 (Awards and Decorations) that the applicant was awarded the Army Good Conduct Medal by General Orders 45, dated 1968; the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's units were awarded the Presidential Unit Citation for the period 29 October 1967 to 30 November 1967 by Department of the Army General Order (DAGO) 38, dated 1971; the Meritorious Unit Commendation for the period 27 November 1965 to 10 November 1967 by DAGO 48, dated 1968; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 23 October 1965 to 23 June 1970 by DAGO 55, dated 1971 (C Battery, 6th Battalion, 14th Artillery); and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by DAGO 53, dated 1970 (A Battery, 5th Battalion, 16th Artillery), during the dates the applicant was assigned to those units. That publication also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. The campaigns which cover the dates the applicant was assigned to Vietnam are the Counteroffensive Phase III (1 July 1966 through 29 January 1968) and Tet Counteroffensive (30 January 1968 through 1 April 1968).
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided the orders awarding him the Purple Heart. As such, it would now be appropriate to add this decoration to his DD Form 214.
2. The applicant was also awarded the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). As such, it would also be appropriate to add these awards to his DD Form 214.
3. In addition, based on the applicant's units of assignment and dates of service in Vietnam, he is entitled to the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and two bronze service stars to be affixed to his already-authorized Vietnam Service Medal.
BOARD VOTE:
___X____ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by adding the Purple Heart, the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be affixed to his already-authorized Vietnam Service Medal.
__________X_______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090007351
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ABCMR Record of Proceedings (cont) AR20090007351
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